DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No:NR04074-13
11 March 2014
This is in reference to your application for correction of your
naval record pursuant to the provisions of 10 usc 1552.
Rh three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 March 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations. and policies.
The Board also notes that you have applied for a correction to
your record for an error that allegedly occurred more than 40
years ago. Under the rules governing this Board, an application
for a correction of a naval record must be made within three
years after the discovery of the alleged error. Failure to file
within the prescribed three years may be excused only in cases
where the Board finds that it is in the interests of justice to
do so. ,
Although you neglected to assert your claim for an inordinately
long period of time without justification and you provided no
evidence as to why you did not seek to have the alleged error
corrected earlier, the Board still decided to review your case.
Navy enlisted advancements are based on a competitive system
which considers a variety of performance factors including a
candidate's overall performance, technical knowledge, military
proficiency, performance of duty, conduct, education, physical
fitness, time in service, time in grade, experience, awards,
decorations, and the like. In addition, there are only a select
number of quotas. that are available in pay-grades E-8 through
Docket No.NRO4074-13
E-9, A review of your records aid not reveal that you met such
qualifications for advancement.
Based on the circumstances described above, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official .
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
RA
ROBERT D. ZSALMAN
Acting Executive Director
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